Legal Question in Wills and Trusts in California

Divorce, stepchildren, and community property

Dad divorces mom and marries stepmom. They buy a house together (here in CA). He wants his share of the house to go to his real son when he dies. How can he do this and avoid community property laws?


Asked on 5/01/03, 8:06 pm

2 Answers from Attorneys

Jason Hsu Una Law Corporation

Re: Divorce, stepchildren, and community property

You do not need to circumvent community property laws, as there really is no way around them per se.

As stated, your father will need to do some estate planning to leave his share of community property interest to his real children.

We can likely assist you with your case; yet, without more information regarding the facts of your case, it is difficult to evaluate your case thoroughly. If you are in the northern or southern California areas, please contact us or email us at www.unalaw.com if we can be of further assistance.

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Answered on 5/02/03, 4:41 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Divorce, stepchildren, and community property

in california, a married person can "will away" all of his separate property and his share of community property interest to whomever he designates. if you would like further legal assistance and/or a will or trust drafted to effectuate your testamentary intent, feel free to email my Law Firm directly with how you would like to proceed. thanks.

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Answered on 5/01/03, 8:22 pm


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